alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.13


 





SECOND AMENDMENT TO THE


CANCER PREVENTION PHARMACEUTICALS, INC.



2010 EQUITY INCENTIVE PLAN


 


 


This Second Amendment to the Cancer Prevention
Pharmaceuticals, Inc. 2010 Equity Incentive Plan (the “Plan”) is effective September 27, 2012.


 


WHEREAS, the Board of Directors of Cancer
Prevention Pharmaceuticals, Inc., a Delaware corporation (the “Company”) has adopted and the stockholders of
the Company have approved the Plan, as amended; and


 


WHEREAS, the Board of Directors deems it
to be in the best interest of the Corporation to amend the Plan in order to increase the maximum number of shares of common stock
that may be subject to Awards and sold under the Plan from 265,000 shares to 300,000.


 


NOW, THEREFORE, the Plan shall be amended
as follows:


 


		1.	Section 3(a) shall be deleted in its entirety and the following substituted in lieu thereof:



 


“3(a) Stock Subject to the Plan.
Subject to the provisions of Section 11 of the Plan, the maximum aggregate number of Shares that may be subject to Awards and sold
under the Plan is 300,000 Shares. The Shares may be authorized but unissued, or reacquired Common Stock.”


 


		2.	Except as amended herein, the terms and provision of the Plan shall remain unchanged and in full force and effect.



 


IN WITNESS WHEREOF, the undersigned Chairman
and Chief Executive Officer of the Company certifies that the foregoing Second Amendment of the Cancer Prevention Pharmaceuticals,
Inc. 2010 Equity Incentive Plan was duly adopted by the Board of Directors of the Company.


 


 


	 	 	 	 
	 	CANCER PREVENTION PHARMACEUTICALS, INC.	 
	 	 	 	 
	 	By:	/s/ Jeffrey Jacob	 
	 	 	
        Jeffrey Jacob, Chairman and

        Chief Executive Officer
EXHIBIT 32.2





CERTIFICATION OF THE CHIEF FINANCIAL OFFICER PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report on Form 10-K/A of Spectrum Brands, Inc. (the "Company") for the fiscal year ended September 30, 2009 as filed with the United States Securities and Exchange Commission on the date hereof (the "Report"), I, Anthony L. Genito, Chief Financial Officer, hereby certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:





1.
The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





2.
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.








Date: March 29, 2010





/s/ Anthony L. GenitoAnthony L. GenitoChief Financial Officer





This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to liability under that section. This certification shall not be deemed incorporated by reference in any filing under the Securities Act or Exchange Act, except to the extent that the Company specifically incorporates it by reference.





A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED May 26, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-20703 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSE NATIVIDAD FERNANDEZ, JR., Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-02-CR-720-1

-------------------- Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM: * Jose Natividad Fernandez, Jr., appeals from his conviction and sentence following a bench trial on stipulated facts for conspiracy to possess with intent to distribute marijuana and for possession with intent to distribute marijuana. 21 U.S.C. §§ 841(a)(1), (b)(1), 846; 18 U.S.C. § 2. Fernandez argues that the district court erred in denying his motion to suppress evidence of marijuana seized during a warrantless search. EvenNo. 03-20703 -2- if Fernandez had an expectation of privacy in the garage and storage area searched, the district court’s determination, that exigent circumstances justified the warrantless search, is not clearly erroneous. See United States v. Vasquez , 953 F.2d 176, 179 (5th Cir. 1992); United States v. Rico , 51 F.3d 495, 501 (5th Cir. 1995). Moreover, the entry into the garage and storage area was permissible as a protective sweep incident to Fernandez’s
arrest. See Maryland v. Buie , 494 U.S. 325, 327 (1990); United
States v. Watson , 273 F.3d 599, 603 (5th Cir. 2001). Fernandez challenges the district court’s refusal to award him a two-level decrease in his offense level pursuant to the safety-valve provision, U.S.S.G. §§ 2D1.1(b)(6) and 5C1.2(a)(5). The district court did not err in determining that Fernandez was not entitled to a safety-valve reduction. See United States v. Flanagan , 80 F.3d 143, 145-47 (5th Cir. 1996)

. AFFIRMED.
United States Court of Appeals 

for the Fifth Circuit ____________ 

No. 23-40227 

Summary Calendar 

____________ 

United States of America, 

Plaintiff—Appellee, 

versus

Jose Antonio Gonzalez-Salazar, 

Defendant—Appellant. 

______________________________ 

Appeal from the United States District Court 

for the Southern District of Texas 

USDC No. 1:14-CR-475-1 

______________________________ 

Before Higginbotham, Stewart, and Southwick, Circuit 

Judges.

Per Curiam:*

The Federal Public Defender appointed to represent Jose Antonio 

Gonzalez-Salazar has moved for leave to withdraw and has filed a brief in 

accordance with Anders v. California, 386 U.S. 738 (1967), and United States 

v. Flores, 632 F.3d 229 (5th Cir. 2011). Gonzalez-Salazar has not filed a 

response. We have reviewed counsel’s brief and the relevant portions of the 

_____________________ 

*

 This opinion is not designated for publication. See 5th Cir. R. 47.5. 

United States Court of Appeals 

Fifth Circuit 

FILED 

September 28, 2023 

Lyle W. Cayce 

Clerk 

Case: 23-40227 Document: 00516911907 Page: 1 Date Filed: 09/28/2023
No. 23-40227 

2 

record reflected therein. We concur with counsel’s assessment that the 

appeal presents no nonfrivolous issue for appellate review. Accordingly, 

counsel’s motion for leave to withdraw is GRANTED, counsel is excused 

from further responsibilities herein, and the appeal is DISMISSED. See

5th Cir. R. 42.2.

Case: 23-40227 Document: 00516911907 Page: 2 Date Filed: 09/28/2023
I 

115TH CONGRESS 

2D SESSION H. R. 5814 

To amend the Internal Revenue Code of 1986 to increase the deduction 

for certain expenses of elementary and secondary school teachers. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2018 

Mr. BROWN of Maryland (for himself, Ms. BARRAGA ́N, Mrs. BEATTY, Mr. 

BRENDAN F. BOYLE of Pennsylvania, Mr. BUTTERFIELD, Mr. CARSON

of Indiana, Mr. CICILLINE, Ms. CLARKE of New York, Mr. CORREA, Mr. 

COURTNEY, Ms. DELAURO, Mr. GARAMENDI, Mr. GRIJALVA, Ms. 

HANABUSA, Mr. HASTINGS, Ms. NORTON, Ms. JACKSON LEE, Mr. JOHNSON of Georgia, Ms. KAPTUR, Mr. KRISHNAMOORTHI, Mr. LANGEVIN, 

Ms. LEE, Mr. SEAN PATRICK MALONEY of New York, Mrs. CAROLYN B. 

MALONEY of New York, Mr. MEEKS, Ms. MOORE, Mr. NADLER, Mr. 

PALLONE, Mr. RASKIN, Ms. ROYBAL-ALLARD, Mr. THOMPSON of Mississippi, Ms. TITUS, Mr. TONKO, Mr. VARGAS, Mr. VELA, Ms. 

VELA ́ZQUEZ, Mrs. WATSON COLEMAN, Ms. WILSON of Florida, Ms. 

ESHOO, and Mr. POCAN) introduced the following bill; which was referred 

to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to increase 

the deduction for certain expenses of elementary and 

secondary school teachers. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


pbinns on DSK79D2C42PROD with BILLS
2 

•HR 5814 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Educators Expense 

3 Deduction Modernization Act’’. 

4 SEC. 2. INCREASE IN DEDUCTION FOR CERTAIN EXPENSES 

5 OF ELEMENTARY AND SECONDARY SCHOOL 

6 TEACHERS. 

7 (a) IN GENERAL.—Section 62(a)(2)(D) of the Inter8 nal Revenue Code of 1986 is amended by striking ‘‘$250’’ 

9 and inserting ‘‘$500’’. 

10 (b) INFLATION ADJUSTMENT.—Section 62(d)(3) of 

11 such Code is amended to read as follows: 

12 ‘‘(3) INFLATION ADJUSTMENT.—In the case of 

13 any taxable year beginning after 2019, the $500 

14 amount in subsection (a)(2)(D) shall be increased by 

15 an amount equal to— 

16 ‘‘(A) such dollar amount, multiplied by 

17 ‘‘(B) the cost-of-living adjustment deter18 mined under section 1(f)(3) for the calendar 

19 year in which the taxable year begins, deter20 mined by substituting ‘calendar year 2018’ for 

21 ‘calendar year 2016’ in subparagraph (A)(ii) 

22 thereof.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply with respect to taxable years begin25 ning December 31, 2018. 

Æ 


pbinns on DSK79D2C42PROD with BILLS
Exhibit 4.1


 


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


December 8, 2015


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


Smart Trust, Adelante REIT Growth & Income
Trust, Series 8


 


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for Smart Trust, Adelante REIT Growth & Income Trust, Series 8 set forth above (the “Trust”).
We enclosed a list of the Securities to be deposited in the Trust on the date hereof. The prices indicated therein reflect our
evaluation of such Securities as of close of business on December 7, 2015, in accordance with the valuation method set forth in
the Standard Terms and Conditions of Trust and Trust Agreement. We consent to the reference to The Bank of New York Mellon as the
party performing the evaluations of the Trust Securities in the Registration Statement (No. 333-207272) filed with the Securities
and Exchange Commission with respect to the registration of the sale of the Trust Units and to the filing of this consent as an
exhibit thereto.


 


 


Very truly yours,


 


/s/ GERARDO CIPRIANO                                     


Gerardo Cipriano


Vice President
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-30658 

Conference Calendar

 

IBBI SAM NDATAH,

Petitioner-Appellant,

versus

FRAN McGLOTHLAS; JANET RENO, U.S.

Attorney General; CARL CASTERLINE,

Respondents-Appellees.

--------------------

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 98-CV-2165

--------------------

December 17, 1999

Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges. 

PER CURIAM:*

Ibbi Sam Ndatah, federal prisoner #26846-077, moves for

waiver of the requirement that he file a brief in his appeal. 

Ndatah’s motion is GRANTED. The district court lacked

jurisdiction to consider Ndatah’s 28 U.S.C. § 2241 challenge to a

detainer allegedly placed against him by the Immigration and

Naturalization Service. 8 U.S.C. § 1252(g). Ndatah’s appeal is

frivolous.

APPEAL DISMISSED. 5TH CIR. R. 42.2.
To the Board of Directors of
Pioneer Tax-Free Income Fund:

In planning and  performing  our audit of the  financial  statements  of Pioneer
Tax-Free  Income Fund for the year ended  December 31, 1996, we  considered  its
internal control structure, including procedures for safeguarding securities, in
order to determine our auditing  procedures  for the purpose of  expressing  our
opinion on the financial  statements and to comply with the requirements of Form
N-SAR, not to provide assurance on the internal control structure.

The management of Pioneer  Tax-Free Income Fund is responsible for  establishing
and   maintaining   an  internal   control   structure.   In   fulfilling   this
responsibility, estimates and judgments by management are required to assess the
expected benefits and related costs of internal control  structure  policies and
procedures.  Two of the  objectives  of an  internal  control  structure  are to
provide management with reasonable, but not absolute,  assurance that assets are
safeguarded  against loss from  unauthorized use or disposition and transactions
are executed in accordance with management's authorization and recorded properly
to permit  preparation  of financial  statements  in conformity  with  generally
accepted accounting principles.

Because of inherent  limitations in any internal  control  structure,  errors or
irregularities  may  occur  and may not be  detected.  Also,  projection  of any
evaluation of the structure to future periods is subject to the risk that it may
become inadequate  because of changes in conditions or that the effectiveness of
the design and operation may deteriorate.

Our  consideration  of the  internal  control  structure  would not  necessarily
disclose all matters in the internal  control  structure  that might be material
weaknesses  under standards  established by the American  Institute of Certified
Public  Accountants.  A material  weakness is a condition in which the design or
operation of the specific internal control structure elements does not reduce to
a relatively  low level the risk that errors or  irregularities  in amounts that
would be  material in relation to the  financial  statements  being  audited may
occur and not be  detected  within a timely  period by  employees  in the normal
course of performing  their  assigned  functions.  However,  we noted no matters
involving the internal control structure,  including procedures for safeguarding
securities,  that we consider to be material  weaknesses  as defined above as of
December 31, 1996.

This report is intended solely for the information and use of management and the
Securities and Exchange Commission.




/s/ ARTHUR ANDERSEN LLP


Boston, Massachusetts
February 3, 1997
Exhibit 32.1





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of Pershing Gold Corporation (the “Company”) on Form 10-Q for the period ended June 30, 2013 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Stephen Alfers, President and Chief Executive Officer (Principal Executive Officer) of the Company, certifies, pursuant to 18 U.S.C. section 1350 of the Sarbanes-Oxley Act of 2002, that:





(1)
The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





(2)
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.








Date:  August 14, 2013
/s/ Stephen AlfersStephen Alfers

President and Chief Executive Officer

(Principal Executive Officer)








A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
**Exhibit 32.1**

 

**CERTIFICATION**

**PURSUANT TO SECTION 906 OF THE SARBANES-OXLEYACT OF 2002**

 

     I, G. Reed Petersen, ChiefExecutive Officer and Chief Financial Officer of Sears Oil & Gas Corporation (the "Company") certify that:

 

     1. I have reviewed the quarterlyreport on Form 10-Q of Sears Oil & Gas Corporation;

 

     2. Based on my knowledge, thisquarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements were made, not misleading with respect to the periodcovered by this amended quarterly report; and

 

     3. Based on my knowledge, thefinancial statements, and other financial information included in this amended quarterly report, fairly present in all materialrespects the financial condition, results of operations and cash flows of the Company as of, and for, the period presented in thisamended quarterly report.

 

Date:  February 13, 2013

 

 

 

/s/ G. Reed Petersen

__________________

G. Reed Petersen,

Chief Executive Officer

Chief Financial Officer
[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Page 22891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10094]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Notice of Applications for Certificates of Public Convenience and 
Necessity and Foreign Air Carrier Permits Filed under Subpart B 
(Formerly Subpart Q) During the Week Ending April 17, 2010

    The following Applications for Certificates of Public Convenience 
and Necessity and Foreign Air Carrier Permits were filed under Subpart 
B (formerly Subpart Q) of the Department of Transportation's Procedural 
Regulations (See 14 CFR 301.201 et seq.). The due date for Answers, 
Conforming Applications, or Motions To Modify Scope are set forth below 
for each application. Following the Answer period DOT may process the 
application by expedited procedures. Such procedures may consist of the 
adoption of a show-cause order, a tentative order, or in appropriate 
cases a final order without further proceedings.
    Docket Number: DOT-OST-2010-0093.
    Date Filed: April 13, 2010.
    Due Date for Answers, Conforming Applications, or Motion To Modify 
Scope: May 4, 2010.
    Description: Application of Open Joint Stock Company Transaero 
Airlines (``Transaero'') requesting an foreign air carrier permit and 
exemption authorizing Transaero to provide: (i) Scheduled foreign air 
transportation of persons, property and mail between Moscow, Russian 
Federation, on the one hand, and New York, New York and Miami, Florida, 
on the other hand; and (ii) charter foreign air transportation of 
persons, property and mail between a point(s) in the Russian 
Federation, on the one hand, and a point(s) in the United States, on 
the other hand, and other charter flights as permitted.

    Docket Number: DOT-OST-2005-21533.
    Date Filed: April 12, 2010.
    Due Date for Answers, Conforming Applications, or Motion To Modify 
Scope: May 3, 2010.
    Description: Application of Friendship Airways, Inc., d/b/a Yellow 
Air Taxi reapplying for issuance of commuter air authority to enable 
Yellow Air Taxi to engage in interstate and foreign scheduled air 
transportation operations utilizing small aircraft.

Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 2010-10094 Filed 4-29-10; 8:45 am]
BILLING CODE 4910-9X-P
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Election Assistance Commission

# AGENCY:

United States Election Assistance Commission.

# ACTION:

Notice of public meeting.

# Date and Time: 

Thursday, January 17, 2008, 10 a.m.-2 p.m.

# Place:

U.S. Election Assistance Commission, 1225 New York Ave., NW, Suite 150, Washington, DC 20005, (Metro Stop: Metro Center).

# Agenda:

Commission will receive briefings on the following: FY2008 Appropriations; EAC Standards Board, EAC Board of Advisors; EAC Technical Development Guidelines Committee; Election Data Collection Grant Program. Commissioners will consider and vote on the following: Changes to the National Voter Registration Form; Disclaimer Proposal to State Instructions Portion of the NVRA Form; EAC Organizational Chart. EAC will install new Officers for 2008. The Commission will consider other administrative matters.

This Meeting Will Be Open To The Public.

# Person To Contact For Information:

Bryan Whitener, Telephone: (202) 566-3100.

Thomas R. Wilkey,

Executive Director, U.S. Election Assistance Commission.

[FR Doc. 08-93  Filed 1-9-08; 12:55 pm]

BILLING CODE 6820-KF-M